AG v Du Maurier (Royal Court : Hearing (Criminal) : Bailhache, W) [2025] JRC 333 (8 December 2025)
Evidence of controlling and coercive behaviour falls under Article 82C(a) as evidence relating to the facts of the offence charged and is not bad character evidence; therefore, it is admissible as relevant evidence outside the provisions of Part 9A of PPCE.
- Citation
- [2025] JRC 333
- Parties
- Prosecution: The Crown; Defendant: Defendant; Complainant: Complainant
- Jurisdiction
- Jersey
- Judgment Date
- 08 December 2025
- Procedural Posture
- Criminal / Pre Trial Evidentiary Ruling
- Outcome
- application refused
- Legal Topics
- Bad Character Evidence, Admissibility of Evidence, Perverting the Course of Justice, Coercive and Controlling Behaviour
Case Brief
Summary, issues, holding and outcome
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Parties
The Crown
Prosecution
Defendant
Defendant
Complainant
Complainant
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Legal Issues
- 1 Whether evidence of coercive and controlling behaviour constitutes bad character evidence under Jersey law
- 2 Whether late service of bad character notice precludes admissibility
- 3 Whether the evidence is relevant to the offence charged
Ratio Decidendi
Evidence of controlling and coercive behaviour falls under Article 82C(a) as evidence relating to the facts of the offence charged and is not bad character evidence; therefore, it is admissible as relevant evidence outside the provisions of Part 9A of PPCE.
Court Disposition
application refused
Orders
- Evidence of controlling and coercive behaviour is admissible as relevant evidence and not excluded as bad character evidence.
- If undue focus is given to alleged behaviour before the offence, the Court will direct examination to move on.
Full Case Text
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